NFLPA asks federal judge to end 'illegal' lockout in hearing

ST. PAUL, Minn. -- The NFL Players Association argued Wednesday that a federal judge should issue a preliminary injunction on the owners' lockout without further delay because of the irreparable harm to players.

"Let them go back to work and do what they do, and that's playing the game of football,'' said James Quinn, speaking on behalf of the players, to Judge Susan Richard Nelson. "They only want to be treated fairly.

"The lockout itself is illegal. Over 800 players are unsigned. These players have no jobs. They have nowhere to go.

"It's a matter of health and safely issues."

The players and the NFL met in Nelson's courtroom for nearly five hours, with Nelson asking multiple questions of both sides.

She dismissed them with an admonition to get back to the bargaining table, and said she would need about two weeks to render a decision.

The NFLPA decertified as a union after labor talks broke down March 11. The NFL owners, who imposed a lockout hours later, argued that the players' decision to leave the union was a "sham'' and a negotiating ploy. The players steadfastly disagreed.

They showed a quote in court by former NFL commissioner Paul Tagliabue in 1993 that read: "The NFL has always recognized that the decision whether or not the NFLPA should be the players' collective bargaining representative was solely up to the players."

"It was not an easy decision,'' Quinn said. ""They gave up the right to file grievances. They gave up the right to strike. They gave up their right to benefits. They have no healthy insurance.

"This was the only way to be treated fairly. … There's so much irreparable harm here.''

Quinn implored Judge Nelson to issue an injunction and not wait for the National Labor Relations Board -- to which the NFL has a pending complaint -- to make a ruling. The league had asked the judge to allow the NLRB to rule before moving forward.

"I don't see what waiting would do,'' Quinn said, "except for having an enormous hardship on people.''

NFL attorney David Boies said there is no precedence for the court to rule for an injunction.

"The court would have to make new law and rewrite history," he said. "This should be free from court interference."

When the NFL owners presented their argument, Boies vowed that the NFL does not want a lengthy or permanent lockout. The league simply wants more time.

"We're going to stop, look and listen, and come back to court for guidance,'' Boies said.

Yet, Judge Nelson said: "This should be done at the mediation table, not by not paying the players.''

Boies said: "We're prepared to go back to the mediation table and not in a lawsuit, the same table the players walked out on."

After a 15-minute break, Boies argued that Judge Nelson does not legally have the discretion to rule an injunction.

Nelson, who appeared annoyed, argued that the court indeed has the authority to rule whether a delay will cause irreparable damage to players.

Quinn defended the players' right to decertify against the NFL's contention that it was a sham. He said it was "the only protection" the players had.

"They don't want to be represented by the union any longer," he said. "It is no longer beneficial to them. If they are, they get locked out.

"All of this (lockout) is a delay to put pressure on us. The players are out of work, out of jobs and can't find jobs."

Several star players named as plaintiffs in the antitrust suit against the NFL, such Tom Brady, Peyton Manning and Drew Brees, did not appear in court. Instead, fellow plaintiffs such as Mike Vrabel, Vincent Jackson, Von Miller, Ben Leber and Brian Robison were in attendance -- as were NFLPA executive committee members Tony Richardson and Charlie Batch. Also, retired player Carl Eller, who filed a similar suit against the league on behalf of fellow retirees that was combined with the NFLPA's, was in court.

Update, 3:26 p.m. ET: The sides reconvened after a recess at 3 p.m. ET. Boies then told Judge Nelson that she simply doesn't have the authority to issue an injunction.

He cited the Norris-LaGuardia act that says: "No court shall have the jurisdiction to issue a restraining or temporary or permanent junction in any case involving or growing out of a labor dispute."

Update, 4:00 p.m. ET: Judge Nelson cast doubt on the NFL's argument that the players' decertification as a union is a sham or negotiating ploy.

"These folks can disclaim if they want, can't they?" she asked. "It's a big risk on their part. They risk a lot by doing it."

Nelson also said there are potential consequences if she declines to issue an injunction stopping the lockout.

"You would be free to lock them out forevermore," she said. "It could be years from now."

Update, 4:19 p.m. ET: Before adjourning, Judge Nelson implored both sides to return to the bargaining table. She said she will try to make a ruling in two weeks.

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About Nate Davis

Nate Davis is a reporter, blogger and editor who's been at USA TODAY since 2000. He has covered the NFL since 2005. No, he did not play quarterback for Ball State. Davis' succession of our esteemed colleague Sean Leahy at The Huddle is considered a Brady-for-Bledsoe swap by most "insiders."More about Nate